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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Me and my ex husband divorced in 2011 (I left him he physically

Customer Question

me and my ex husband divorced in 2011 (I left him he physically abused me for years), we came to a mutual agreement on finances, house and kids, neither of us made a declaration to finances, we told our solicitors what we wanted and had a consent order drawn up and stamped in county court in july 2011. we decided the house would be split 50/50 which it was, I stayed away from his B.T pension, he took the child benefit and I had the childrens tax credit (as I was the lower income and the credits were worth more than the child benefit). the consent order stated that we would support the children (3 of them) when we each had them at equal times and not go for maintenance payments unless circumstances changed. well they did change he waited a year for the consent order to become open to "change of circumstances", bought my middle daughter a blackberry phone so she went to live with him and now since 2013 hits me for csa payments as he is the child benefit holder which makes him the primary carer, I have to pay him for the middle child and the youngest one even though the youngest one is with me more than his dad, he is the child benefit holder so I have to pay him. I have tried to get his (the youngest ones) child benefit put in my name but they keep saying I originally gave it to him in the divorce so he can keep it. I have an income of £8000 and live in rented with my boyfriend and own nothing. my ex has an income of over £36k mortgage free, re-married, rents out another property and has 4+ foreign holidays a year!! eldest child is 21 and at uni hates her dad as he punched her in the stomach and she hasn't spoke to him for years. middle child is nearly 16, youngest is 14yrs. can I do him for breech of contract??
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
Please could you confirm what the exact arrangements are for the children and how old they are? So when they stay with you and when they stay with him?
In relation to the consent order, were his finances the same as they are currently? Why was there not full disclosure of financial positions?
Is there a clause in relation to spousal maintenance for you in the consent order?
Expert:  Harris replied 2 years ago.
Hi, this question remains open. Please could you provide the requested information so that I can assist you.